2nd lawsuit over Navy, marine mammals

Natural Resources Defense Council joins renewed legal battle

In an undated photo provided Monday, Aug. 21, 2012, by Captain David Anderson's Dolphin and Whale Safari in Dana Point, Calif., spectators watch whales off the coast of southern California. Endangered blue whales, the world's largest animals, are being seen in droves off the northern California coast, lured by an abundance of their favorite food - shrimp-like creatures known as krill. Whale-watching tour operators are reporting a bumper harvest of blue whales, orcas, humpbacks and binocular-toting tourists eager to witness the coastal feeding frenzy. (AP Photo/ Captain David Anderson's Dolphin and Whale Safari)
— AP

In an undated photo provided Monday, Aug. 21, 2012, by Captain David Anderson's Dolphin and Whale Safari in Dana Point, Calif., spectators watch whales off the coast of southern California. Endangered blue whales, the world's largest animals, are being seen in droves off the northern California coast, lured by an abundance of their favorite food - shrimp-like creatures known as krill. Whale-watching tour operators are reporting a bumper harvest of blue whales, orcas, humpbacks and binocular-toting tourists eager to witness the coastal feeding frenzy. (AP Photo/ Captain David Anderson's Dolphin and Whale Safari)
/ AP

A second lawsuit was filed Monday against the National Marine Fisheries Service and the U.S. Navy over a five-year plan for military training off Southern California and Hawaii.

The Natural Resources Defense Council argues that the federal agency illegally granted the Navy permission to harm more than 35 species of whales and dolphins.

In December, the National Marine Fisheries Service granted a permit that allows the Navy to use sonar and explosive charges to provide realistic training.

Over five years, the Navy estimates that work with ships, explosives and sonar will kill up to 155 marine mammals off Southern California and Hawaii. Projections also anticipate 2,000 serious injuries and 9.6 million lower-level harassments, such as prompting whales or dolphins to leave an area or stop feeding.

“The science proving the link between sonar exposure and population decline is mounting. And so are the solutions that could prevent thousands of needless injuries and hundreds of deaths,” said the NRDC’s Michael Jasny.

A Navy spokesman on Monday said that the service is committed to meeting the national security mission and protecting marine life by taking precautionary steps.

But, “If the Navy cannot realistically train at sea and test our equipment, sailors’ lives and our ability to defend against serious threats will be at risk,” said Cmdr. Steve Curry at the U.S. Pacific Fleet headquarters in Honolulu.

Environmental group Earthjustice has already sued the federal fisheries agency and the Navy in Hawaii federal court.

The new lawsuit, filed in U.S. District Court for Northern California, challenges the agency’s authorization of mammal deaths and injuries under the Marine Mammal Protection Act, as well as its finding under the Endangered Species Act that the Navy’s activities will not jeopardize endangered blue whales.

The suit also challenges the Navy’s determination that its activities are consistent with California’s Coastal Management Program, despite the California Coastal Commission’s unanimous rejection of the plan in San Diego in March.